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U.S. Supreme Court, Constitutional Law

Supreme Court gun case could cause seismic shifts

May 17, 2021
By Glenn C. Smith

A case on the court’s docket for the 2021 term raises potentially far-reaching constitutional issues with obvious implications...


State Bar & Bar Associations, Ethics/Professional Responsibility

The State Bar of California’s sale of its ethics examination to the National Conference of Bar Examiners in 1980 and its deleg...


Civil Litigation, California Courts of Appeal, Alternative Dispute Resolution

Frankly, a decision like Grabowski is long overdue in finding that improper ex parte communications in arbitration can no long...


Entertainment & Sports, Civil Litigation, California Courts of Appeal, Alternative Dispute Resolution

The Court of Appeal’s ruling on this issue gives attorneys a monopoly over the entire process of negotiating — the drafting, r...


U.S. Supreme Court, Environmental & Energy, Constitutional Law, Administrative/Regulatory

Arguments: Does NGA delegate eminent domain powers to private parties?

May 14, 2021
By Michael Mills, Sarah M. Taylor

The U.S. Supreme Court recently considered whether the Natural Gas Act delegates the federal government’s eminent domain power...


Where do we go from here?

May 14, 2021
By Thomas M. Madruga

Times are different now, really different.


Technology, Alternative Dispute Resolution

Counsel and mediators have adapted well to mediation by Zoom, and for some it is now the preferred way to mediate. There even ...


Civil Litigation

Why we should stop SB 447’s imposition of unlimited ‘pain and suffering’ damages

May 13, 2021
By Kyla Christoffersen Powell, Fred J. Hiestand

Damages are the end-game for contingency fee lawyers who are typically paid 40% of the total recovery in a personal injury law...


U.S. Supreme Court, Appellate Practice

California litigants and courts are well aware of the general rule that an opinion of a California Court of Appeal or an appel...


U.S. Supreme Court, Environmental & Energy

There is an old expression that describes an effort to exaggerate or magnify the significance of a dispute — “You don’t need t...


Law Practice, Civil Litigation

The disappearing act: using ephemeral social media in litigation

May 13, 2021
By Daniel B. Garrie, Gail A. Andler

Disappearing and self-destructive messages were a considered a “thing of the future” not too long ago. With technological adva...


Letters, Civil Rights

In his May 5 column, “Civil rights agencies in California are MIA for conservatees,” Thomas Coleman states repeatedly that the...


Real Estate/Development

Earlier this year, Gov. Gavin Newsom signed an executive order extending authorization for local governments to halt evictions...


Immigration, California Supreme Court

The California Supreme Court held that Robert Vivar, who pleaded guilty to a nonviolent drug offense without understanding tha...


Labor/Employment, Administrative/Regulatory

Guidance on COVID-19 and the Fair Labor Standards Act

May 12, 2021
By Peter J. Brown, Alex Volberding

On April 26, the Department of Labor updated its guidance concerning the Fair Labor Standards Act and its application to commo...


Technology, Law Practice, Corporate

Recent surveys indicate that the C-suite continues to slowplay those erstwhile funding requests by in-house legal counsel seek...


Labor/Employment, Criminal, Corporate

Employee charged with COVID relief fraud? Questions for GCs

May 11, 2021
By Byron J. McLain, Hawwi Edao

The U.S. Department of Justice already has publicly charged almost 500 defendants with criminal offenses based on fraud scheme...


Contracts

Last April I published an article on options available to businesses who were unable to perform contracts that had been impact...


Corporate, Contracts

Immediate and long-term impacts of COVID-19 on automotive suppliers

May 11, 2021
By Ann Marie Uetz, Vanessa Miller

The automotive industry was hit particularly hard by the COVID-19 pandemic and is still being impacted in ways that continue t...


Real Estate/Development, California Courts of Appeal

Over the years, motions to quash based on Delta would become a clever tactic used by tenant attorneys to attack unlawful detai...


Family, California Courts of Appeal

In 1972, the California Legislature changed the age of majority from 21 to 18. One of the consequences of that decision is tha...


Labor/Employment

Five tips for employers on drafting enforceable covenants.


Organized labor, among others, is aggressively pushing the Senate to pass the Protective the Right to Organize Act, commonly r...


Family

271 sanctions: game changer or just the bogeyman?

MCLE
May 10, 2021
By Scott J. Nord

“Your honor, we are asking for 271 sanctions against the other party” is the refrain often hurled by one, or both, counsel dur...


Law Practice, Appellate Practice

The appellate process has many limitations that can deter a disappointed litigant’s pursuit of relief on appeal.


Judges and Judiciary, California Courts of Appeal, Appellate Practice

Fixing appellate delay

May 7, 2021
By Jon B. Eisenberg

Three months ago, I filed a complaint with the Commission on Judicial Performance about egregious decisional delay by three ju...


Law Practice, California Courts of Appeal, Appellate Practice

The importance of judicial economy

MCLE
May 7, 2021
By David M. Axelrad

As litigation becomes more complex and courts continue to be over-burdened, the principles of judicial economy and efficiency ...


Letters, Judges and Judiciary

Protecting our courts is protecting the rule of law

May 7, 2021
By Thomas A. Delaney, Nicole Virga Bautista

The California Judges Association applauds the Daily Journal for publishing: “Lawyers must help protect judges,” on April 23.


Law Practice, Ethics/Professional Responsibility

Tips for avoiding risk when acting as replacement counsel

May 7, 2021
By Shari L. Klevens, Alanna G. Clair

When clients choose their attorneys, they place faith in the attorney to handle the matter effectively and consistently with t...


Law Practice, Alternative Dispute Resolution

Full disclosure: I’ve learned and practiced in the litigation and trial system for over 25 years. Yet, it appears more and mor...